Labor Law and Labor Arbitration

Transcription

1 Labor Law and Labor Arbitration Wednesday-Thursday September 5-6, 2012 San Francisco The Fall Get-Away to a World-Class City register online

2 The San Francisco Program on Labor Law & Labor Arbitration The place to learn is where the teachers are among the top tier of labor arbitrators, the materials are complete, your questions are answered, and the instruction is practical so you can put the training to use. This conference covers the important subjects. You will not find a more experienced and highly regarded faculty addressing the hot issues. They are excellent speakers and they understand the issues in labor relations. The conference also features a range of formats that appeal to a variety of learning styles. On the first day, you have a choice of two sessions, maximizing your time and learning. Come to San Francisco this Fall. And come for the education especially the insights to tackle the next case or personnel issue. Agenda Wednesday, September 5, :30-8:30 a.m. Registration & Continental Breakfast 8:30-9:30 a.m. Trouble Spots in Contract Interpretation Cases Avoid the errors that plague many contract cases: that bargaining history can include past contracts, not just the current one; what is said in a preratification meeting or executive session can be relevant, even if not binding on the other side; the parties are assumed to have equal bargaining power, but who drafts the language can tip the case. These and other trouble spots will be addressed in this new lecture. Arb. Mark Suardi 10 Myths about Grievances & Arbitrations These questions come up so often that they warrant their own session. For example, many believe there is no such thing as discovery in arbitration, that zero tolerance equates to discharge, or disparate treatment can include how supervisors are treated. Learn the pitfalls of these and other common arguments. Arb. John Kagel Conference Location and Registration Information The conference will take place at the Westin San Francisco Market Street ( The Westin Hotel is ideally located for all of the major attractions of the city. It is easily accessible by BART, cable cars, and walking distance to some of the city's most famous landmarks. The meeting rooms, where our two track sessions will be held on the first day, and the single track on the second day, are conducive to learning and studying. The conference tuition includes admission to all sessions, the course book (on CD), a workbook, and all breaks. If you register before June 1, tuition is $450. After that date, it is $525. The early enrollment tuition rate is among the lowest of all labor and employment law programs.

3 9:30-10:30 a.m. Discipline & Discharge: Hot Issues We take cases from the past year and present them to a panel of veteran labor arbitrators. Each arbitrator votes to either sustain or deny the grievance. Then, they individually discuss the reasons for their decision. This session is a highlight of the program because it covers federal laws and arbitral principles in the context of actual cases. The cases involve sexual harassment, workplace violence, job performance, safety violations, and more. Panel: Arbs. John Kagel, Ted St. Antoine, Mark Suardi & Helen Witt Evidence The Federal Rules of Evidence do not technically apply, but they are the benchmark for how evidence is admitted and weighed. Hear from a former trial and appellate attorney who has decades of experience as a labor arbitrator which rules every advocate must know. Arb. George Roumell 10:30-10:45 a.m. Break 10:45-11:30 a.m. Off-Duty Misconduct For over 60 years, arbitrators have balanced the employer's interest and the employee's right to a private life in off-duty misconduct cases. In the public sector, the line can be more difficult to draw. Plus, employees have found varied ways to express their individuality after hours and offsite. A hard-hitting lecture on what is at stake and the arbitral/legal principles. Arb. Ted St. Antoine is not available to testify. This fast-paced discussion is invaluable to any case. Panel: Arb. Roumell and Arb. St. Antoine Cross-Examination Cross-Examination is the test of the other side's evidence, and thus, must be deftly handled. The temptation is to re-try the direct exam, or coax the witness to change a key word. Arbitrators hope for a cross-examination that is more strategic. Arb. Tom Angelo 12:00-1:00 p.m. Lunch (on your own) 1:00-2:00 p.m. Insubordination The elements of this offense are well-established, but they often give only a partial answer to a case. Other issues arise, such as: What is the workplace culture, the supervisor-employee s relationship, the employee s job description, the kind of response and attitude displayed by the employee? Arb. George Roumell Define your Terms A new presentation on the hard-to-define terms used in labor-management relations: arbitrability, judicial notice, due process, make the grievant whole, and more. In addition to knowing the definition, you will see the significance of these terms and how a properly phrased argument can affect the outcome. Arb. Thomas Angelo 11:30 a.m.-12:00 Noon Hearsay In many cases, there is no way around asking questions that elicit hearsay testimony. Or you must introduce a document in which the author

4 Computer & Internet Misuse A rule that employees cannot use employerowned computers for non-business reasons reduces the number of issues. But a company policy prohibiting all non-business use may not be realistic, or good for business. And there are many cases in-between which raise more issues. The panelists discuss a wide range of cases and what both sides ought to consider. Panel: Arbs. Helen Witt, John Kagel & Tom Angelo 2:00-2:45 p.m. Last Chance Agreements & Other Remedies A look at the problems with LCAs, EAPs, angermanagement classes, make whole remedies, offsets, and other remedies. Panel: Arbs. Kagel & Angelo Top 10 Worst Arguments Usually referred to as ineffective arguments, we give this speaker the ten which seem to have the most staying power, both in contract interpretation cases and discipline cases. He explains why they should not be used or why they should be re-cast. Arb. Suardi 2:45-3:00 p.m. Break 3:00-4:00 p.m. Advanced Discipline Cases The panelists discuss actual cases and their rulings. This selection of cases raises competing or overlapping legal claims, as well as complicated fact patterns. Panel: Arbs. St. Antoine, Roumell, Suardi & Witt Management Rights The clause in the contract is the starting point, but there can also be implied rights under other provisions. For example, the employer issues a no-smoking rule, under a jointly negotiated provision to lower health insurance costs. Another standard is reasonableness, both in the scope and application. Arb. John Kagel 4:00-5:00 p.m. Procedural Due Process Timelines in the contract, after-acquired evidence, lost or misplaced evidence, are just a few of the issues which can become the basis for a due process challenge or a claim of fundamental fairness. A discussion of the parameters and when it is a valid claim. Arb. Mark Suardi Workplace Threats The veiled threat, the conditional threat, the quasi-horseplay statement, and the legal question of protected activity make these cases among the worst to try. An update on the impact of enhanced security measures and untangling how people communicate at work. Arb. Helen Witt 5:00 p.m. Recess until 8:00 a.m. Thursday morning. Thursday, September 6, :15-8:00 a.m. Continental Breakfast 8:00-8:45 a.m. Contract Interpretation Principles A straightforward explanation of contract interpretation principles, ancient maxims, bargaining history, and other legal principles. Arb. St. Antoine 8:45-10:00 a.m. Contract Interpretation: Case Studies The panelists discuss actual cases, ranging from ordinary to complex; all dealing with the interpretation of contract language in actual cases. An engaging and illuminating way to understand this area of law. Panel: Arbs. Kagel, St. Antoine, Roumell, Suardi & Witt

5 10:00-10:15 a.m. Break 10:15-10:45 a.m. Alcoholism, Drug-Testing Results & Gambling Arbitrators have watched employees lose their job for what is essentially a treatable illness. But there's more and the lecturer offers advice to both sides. Arb. Roumell 10:45-11:15 a.m. Witness Management Building on the previous day's lecture, the speaker gives more examples of how to prepare your witnesses and within limitations, assist them during their testimony. Arb. Angelo 11:15 a.m.-12:00 Noon Judicial Review Under nearly all contracts, the arbitrator's award is final & binding, but this has not stopped many from appealing. The grounds for an appeal are extremely narrow, so discover what arbitrators do to make their award appeal-proof. Panel: Arbs. Roumell, St. Antoine, and Suardi 12:00-1:00 p.m. Lunch (on your own) 1:00-1:30 p.m. Past Practice A valuable primer on the elements and the framework for analysis. The three categories are: when the contract is silent, when the contract language is ambiguous, and when the contract language is clear, but the parties have followed a different practice. The complications set in, when the practice involves a management right or an employee benefit and when there is a zipper clause. Arb. John Kagel 1:30-2:30 p.m. Past Practice: Case Studies A memorable way to understand past practice is to apply the doctrine in actual cases. We use a range of cases, from the mundane to those where much is at stake. After issuing a decision, the faculty members explain how the parties should have analyzed the evidence, formulated the arguments, and come up with the correct result. Panel: Arbs. Witt, St. Antoine, Roumell, Kagel & Angelo 2:30-2:45 p.m. Break 2:45-3:30 p.m. Family and Medical Leave Act Hot issues under the FMLA including new rules on medical certificates, expanded leave for military families, and new case law developments. Arb. Roumell 3:30 p.m. Adjournment CLE and HRCI credits Earn credits that are affordable, improve your skills, and add to your knowledge base. Attorneys will earn between 12 and 16 credits, depending on the state. Please indicate on the registration form the state(s) in which you hold a license. This program has been approved for 13 recertification credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute homepage at The use of this seal is not an endorsement by HR Certification Institute of the quality of the program. It means that the program has met HR Certification Institute s criteria to be pre-approved for recertification credit.

6 Registration Options 1. Register Online at 2. Complete this form and mail to the Labor Arbitration Institute 3. Complete this form and fax to San Francisco Program on Labor Law & Labor Arbitration Wednesday-Thursday, September 5-6, 2012 Westin Hotel 50 Third Street San Francisco, CA Please photocopy for additional registrants. Name Organization Address City State Zip Zip+4 Telephone (include area code) Privacy Policy: The address you provide is only used by the Labor Arbitration Institute (LAI). LAI does not sell or share its lists, or any customer lists. TUITION $ per registrant (if registered after June 1, 2012) $ per registrant (if registering before June 1, 2012) PAYMENT Check Enclosed $ Credit Card Payment $ Card Number (VISA, MasterCard or American Express) Exp. Date: Cardholder Signature: HOTEL ACCOMMODATIONS A block of rooms has been reserved at the Westin Hotel, the site of the conference; Call the Westin at or and indicate you are attending the Labor Arbitration Institute in order to receive the group rate of $199 (single occupancy) or $219 (double occupancy). The group rate is available 2 days prior and 2 days after the conference. Please make your reservation as early as possible to ensure availability. After July 29, 2012, reservations are taken on a space available basis. Also, please note that penalties may apply if reservations are cancelled within 72 hours of your reservation's arrival date. Please choose your session preference for each time slot on the first day (Wednesday). Your preconference selections help us assign the meeting rooms. 8:30 a.m. Trouble Spots in Contract Cases 10 Myths about Grievances & Arbitrations 9:30 a.m. Discipline & Discharge Case Studies Rules of Evidence 10:45 a.m. Off-Duty Misconduct Advanced Advocacy (Define your Terms) 11:30 a.m. Hearsay Cross-Examination Techniques 1:00 p.m. Computer and Internet Misuse Insubordination 2:00 p.m. Last Chance Agreements & Other Remedies Top 10 Worst Arguments 3:00 p.m. Advanced Discipline Cases Management Rights 4:00 pm. Workplace Threats Procedural Due Process (There is one track on Thursday, so no preconference selection is needed. Thank you.) MISCELLANEOUS I am an attorney and request information on CLE credits for the state of. The Labor Arbitration Institute certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 13.0 hours. This activity is also approved in other states. Please let us know in which state(s) you hold a license. I would like to subscribe to Wisdom of the Week, which provides strategies and tips from the best labor arbitrators in the country. Wisdom is a weekly ( word) on current issues in labor law and labor arbitration. The annual subscription rate is $95. I cannot attend, but please send me information on future conferences. MAIL TO: Labor Arbitration Institute 205 South Water Street, Northfield, MN For more information, call or FAX number